NC0000396_NOV2024LV0725_20240816

SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED

August 16, 2024

Jessica Bednarcik, Senior Vice President EHS
Duke Energy Progress LLC
Email: [e-mail]

SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2024-LV-0725
Permit No. NC0000396
Asheville Steam Electric Power Plant
Buncombe County

Dear Permittee:

A review of the June 2024 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:

Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation _________________________________________________________________________________________________________________________________________________________________________
001 Effluent Solids, Total Suspended - 6/25/2024 50 81.3 Daily Maximum Exceeded
Concentration (CO530) _________________________________________________________________________________________________________________________________________________________________________

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. Please respond in writing within ten (10) business days after receipt of this Notice, stating whether the
violation(s) has been corrected, or if it is of an ongoing nature. If the violation(s) has been resolved, your
response should include a description of the actions that were taken to address the violation(s) and to prevent
their reoccurrence.

If the violations cited in this Notice are of a continuing nature, you must provide a report to DWR’s Asheville
Regional Office that includes the following information:

● Owner and Facility Name, and NPDES Permit Number.
● A list of violations that have occurred during the noncompliant episode.
● A statement summarizing the facility’s investigation of the noncompliance, indicating its cause.
● The facility’s corrective action plan or strategy to address the noncompliance.
● A statement describing the facility’s implementation of its corrective action plan, including the date of an
anticipated return to consistent compliance.
Docusign Envelope ID: 138996A2-CE5C-4D3E-89C8-955F8C039FAE

Your response and/or report should be submitted to my attention to the address at the bottom of the first
page, or you may send it as an attachment to an email to [e-mail]. Either form of
reply should be submitted within ten (10) business days.

If continuing violations are not related to operation and/or maintenance problems, and you anticipate remedial
construction activities, you may wish to consider applying for a Special Order by Consent (SOC). Please be aware
that it is a condition of your NPDES permit that you adequately address such violations (Part II, Section B. 2 -
the “Duty to Mitigate” condition). Violations of a continuing nature can justify the assessment of increased civil
penalty amounts to address the noncompliance.

If you have any questions concerning this matter, wish to request technical assistance, discuss overall
compliance, or explore the possibility of entering into a SOC, please contact Mikal Willmer of the Asheville
Regional Office at 828-296-4686, or via email at [e-mail].

Sincerely,

Andrew Moore, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Ec: LF
Docusign Envelope ID: 138996A2-CE5C-4D3E-89C8-955F8C039FAE